Smith v De La Cruz

Tenant wins · Ottawa · 2025-05-01

Adjudicator

Robert Patchett

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

J.D.L.C., G.S.

Tenant

S.S., C.C.

Landlord rep

Katherine Smith

What happened

The Tenants filed an application claiming the Landlords issued a Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (N12) in bad faith. The Landlords had issued the N12 for their daughter to occupy the unit. The Tenants vacated, but the daughter never moved in. Instead, she used it for storage, then traveled and moved to Montreal. The property was listed for sale within a year of the Tenants vacating, which created a legal presumption of bad faith. The Board found that the Landlords' reasons, including the death of the daughter's grandmother, were not sufficient to rebut this presumption.

The ruling

The Board determined the Landlords acted in bad faith. The Landlords are ordered to pay the Tenants a total of $15,215.78. This amount consists of $3,098.40 for one year's rent differential, $413.58 for moving expenses, $11,650.80 in general compensation (equivalent to six months' rent), and the $53.00 application fee.